Court No. - 79
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14783 of 2021 Applicant :- Nutan Tiwari Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Dhirendra Pratap Singh, learned counsel for the applicant as well as learned AGA for the State and perused the record.
The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 113 of 2020 under Sections- 304, 316, 504 and 506 IPC, Police Station- Mehdawal, District- Sant Kabir Nagar.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules, as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
It is contended by learned counsel for the applicant initially the case was registered under Sections- under Sections 188, 270, 304-A, 420 of IPC and Section 52 of Disaster Management Act, 2005 and Section 15 of Indian Medical Council Act, 2005, in which the applicant is already enlarged on anticipatory bail passed by the co-ordinate Bench of this Court vide order dated 15.6.2021 passed in Criminal Misc. Anticipatory Bail Application No. 10913 of 2021. It is next submitted that subsequently, Sections 304, 316, 504 and 506 IPC added. The applicant has definite apprehension that she may be arrested by the police at any time. It is next submitted that the applicant is a lady and is entitled to the benefit of Section 437 (2) Cr.P.C.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
In the event of arrest of the applicant- Nutan Tiwari shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) The applicant shall make herself available for interrogation by a police office as and when required;
(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police office;
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 29.10.2021 Akbar